In throwing out Michigan’s ban on racial preferences in college admissions, the Sixth Circuit Court yesterday did more than turn the Equal Protection Clause on its head. It also illustrated how important it is for conservatives to oppose the judicial nominations of liberal activists.
Almost all of the judges who affirmed the right of Michigan educators to practice racial discrimination were liberal appointees nominated by Presidents Carter, Clinton, or Obama. The only exception: Helene White.
Though as liberal as the others joining in the majority opinion, White was appointed by Bush 43 as part of a package deal to get a Republican judicial nominee confirmed. Yesterday’s decision shows why such political deals are bad deals.